Rajasthan High Court - Jodhpur
Mahendra Singh vs State Of Rajasthan on 10 March, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [SOSA-89/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 89/2022
Mahendra Singh S/o Sh. Hanuman Singh, Aged About 23 Years,
By Caste Rajput, Resident Of Dhingtaniya, Tehsil Sadulshahar
District Sri Ganganagar. (At Present Lodged In District Jail
Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. SR Godara.
For Respondent(s) : Mr. Gaurav Singh, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
10/03/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in the Court, for the safety
of all concerned.
Heard learned counsel for the parties.
Learned counsel for the appellant submits that the main
accused Sunil Kumar, who was caught red-handed and was
convicted under Section 8/22 & 25 of the NDPS Act, has been
released after his sentence having been suspended.
Learned counsel for the appellant further submits that the
appellant was convicted under Section 8/22 & 29 of the NDPS Act.
Learned counsel for the appellant also submits that the
appellant has undergone the custody period of more than one year
(2 of 3) [SOSA-89/2022]
and five months and there is no previous criminal antecedents of
present appellant.
Learned Public Prosecutor opposes the suspension of
sentence application.
Having considered the totality of facts and circumstances of
the case, this Court considers it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellant.
Accordingly, this S.B. Suspension of Sentence Application
(Appeal) filed under Sec.389 Cr.P.C. is allowed and it is ordered
that the substantive sentence passed by the trial court vide
judgment dated 05.03.2021 in Sessions Case No.07/2016 against
appellant Mahendra Singh S/o Sh. Hanuman Singh shall
remain suspended till final disposal of the aforesaid appeal,
provided he executes a personal bond in the sum of Rs.50,000/-
with two sureties of Rs.25,000/- each to the satisfaction of the
learned trial Judge for his appearance in this court on 11.04.2022
and whenever ordered to do so, till the disposal of the appeal on
the conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellant changes the place of
residence, he will give in writing his changed
address to the trial Court as well as to the counsel
in the High Court.
3. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
(3 of 3) [SOSA-89/2022]
The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
appellant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
not be taken into account for statistical purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J
126-Sudheer/-
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